Beccaria Punishment

Improved Essays
With the foundation of due process established, Beccaria turned his attention to the aspect of punishment. As stated before, crime is a threat against social order, therefore, the purpose of punishment is to deter individuals from committing crimes. Crime occurs when it is concluded by the individuals that the potential benefits from the crime outweigh the fear of judicial punishment. This factor may increase individual’s chances of either commit more crimes or severe ones in the future. To combat this, government must impose Beccaria’s three elements of punishment. There are two benefits when punishments are swift. It allows offenders to be punished within the allotted time of the commission of the crime and ensured the deprivation of liberty would not precede the sentence (Schram & Tibbetts, 2018). These two factors are important due to their abilities to ensure justice is carried out quickly without the courts or individuals suffering from wasted time, resources and judgement. From a deterrence aspect, punishment must be swift for the guilty to feel associated to the punishment from their crimes. The less time has allotted from the crime to the punishment, the heavier their mind is affected by …show more content…
This element is the most important element in Beccaria’s punishment because it will guarantee that reprimands and retributions will placed upon law-breakers. Rules are established to maintain law and order, therefore, to ensure compliance from all citizens, the threat of punishment must be known as a real factor. In other words, certainly reestablished the fear of punishment if one attempts to commit a crime. Lastly, punishment must be severe enough that the set penalty will outweigh any potential benefits from a crime (Schram & Tibbetts, 2018). The more punishment is seen as a predominant factor in the commission of a crime, the less appealing committing the crime will

Related Documents

  • Improved Essays

    The author’s point of this article was to give insight to the controversial view points on the death penalty, being in favor of those who deserve the capital punishment and opposed to those who do not deserve it, and argues that until the death penalty is not justified even without uncertainty to those that deserve it, and the moral deterrence is abolished from those that favor it, the argument against it will never…

    • 578 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In Cesare Beccaria’s “On Crimes and Punishment,” he discusses the specific laws that he believed to be barbaric and in need of reform to more efficiently protect the rights of victims and criminals. This text was well-received by many European emperors during his time and is utilized in the United States’ Constitution and Bill of Rights, as well as still being a reference for legal proceedings to this day. Beccaria was born March 15, 1738 in Milan, Italy to an aristocratic father. He went to a Jesuit primary school where he became interested in mathematics. He continued his education at the University of Pavia where he studied law and became especially interested in philosophers such as Montesquieu.…

    • 971 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Tajae Hinds Of Crimes and Punishments Essay Cesare Beccaria’s critiques of criminology in Old Regime Europe were, as some may say, ahead of his time. The Old Regime was predominantly built on a tradition of absolutism in government and its legislature. That being so, Beccaria’s critiques of these institutionalized traditions spoke volumes about what needed to be fixed, and posed solutions to said problems. In his treatise Of Crimes and Punishments, the criminologist mentions the obscurity of laws, as well as the interpretation of laws. To this day, remnants of Beccaria’s philosophies and its principles are still relevant, echoing throughout the judicial and legislative models in nations around the world.…

    • 1073 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Crimes have existed for ages, even though countries have enforced laws and punished those who commit them. Countries also increased the size of the police as well as the law enforcement, but still people violate the law. When watching a TV show, or reading a newspaper, or listening to the radio, it is really impossible to avoid hearing or reading about crimes, including murder, robbery, abuse, or any violent act. With the increase of crime, criminals, and the gathering of evidence, “Herbert Packer (1968) described two competing models of the administration of criminal justice models: the crime control model and the due process model” (Cole, Smith, & DeJong, 2015:27). , in order to protect citizens from the lawbreakers and receive justice.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    In the United States, the criminal justice system follows two unique diverse models that protect the people. One of these models is the Due Process Model and in this model, the rights of the defendant are equally and fairly treated. Which this process being the main objective of this clause. The second model is the Crime Control Model and in this model strict punishments to the defendant committing the crime be forced but also protecting the individual 's rights as well. Both these models have a different method in which they protect the individuals but have a similar focus.…

    • 1518 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Cesssare Beccaria wrote “On Crimes and Punishment”, this book was the first full scale work to tackle criminal reforms and suggest that criminal justice should conform to rational principles. Beccaria put forth some of the first modern arguments against the death penalty as: the war of nation against a citizen. (Beccaria) Beccaria also argued against torture, he believed it was cruel and unnecessary he also labeled his views as classical, since they included on inherent conflict between good and evil. Biological Theory is the behavior that is predetermined and is constitutionally or genetically based. There are two theories that fall under this theory which are atavism and the XYY Syndrome.…

    • 860 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The two classical writers were focusing on the reform of the legal and penal procedures rather than explaining criminal behavior. In the process, the two came up with a theory that has huge relevance in today’s criminology. The drive of the classical writers was to change the prevailing law systems, penalties and courts in European countries since they were marred by whimsical and biased decisions. The common feature was use of torturous procedures to get confessions and cruel punishments such as mutilation, inappropriate whipping and public hanging (Jeffery, 1959). They aimed to establish a better and fairer system in the legal and judicial sector.…

    • 1445 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    In some countries criminal justice system has for long been controlled by president’s commission of fairness and law enforcement, which gives a ground breaking information. This has been a challenge when it comes to curbing criminology (Nemeth, 2013). Criminal fairness in some other countries aims at minimizing crime by administering fairness and bringing about citizens confidence that the process is fair and will deliver for the law abiding citizens. In other countries it’s an objective of the criminal justice system to balance the aims of crime prevention by control and justice. In others the main aim of criminal justice system is to minimize crime and maximize the security of the people.…

    • 952 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Pain and punishment are two words that interweave with each other in accordance with criminal justice. However, the way an individual is able to interpret these words can develop very different, and influential forms of thinking. Nevertheless, these developed forms of thinking allow individuals to form opinions on the subject, and aid in the formation our state. In this essay I am going to be explaining both Immanuel Kant, and Jeremy Bentham’s individual stances on punishment. This will include the theories of retributivism, and deterrence as leading factors to explain each theory.…

    • 1240 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Summary Criminology studies the reasoning and factors as to why individuals engage in criminal activities. In classical criminology, social philosophers Cesare Beccaria and Jeremy Bentham developed a theory of crime that criminologist and theorist still use today (Akers 2017). In classical criminology, an individual commits a crime by making a rational decision. That decision is based off of whether the benefits that one might receive by offending outweighs the consequences such as being caught and cited or sentenced. Individuals base their decision to offend or not offend on what they have seen others suffer, their knowledge of what consequences they may endure and their own personal experiences.…

    • 1142 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Lex Talionis Punishments

    • 1511 Words
    • 7 Pages

    Justice and law are a vital component of society and used through history even dating back to ancient times with a purpose to serve and protect the weak, keep citizens safe, as well as to keep societal order. Methods and types of punishments vary between different law codes depending on various aspects of society such as the economy, values, problems of that population, what was deemed important during the period the law code was created. Many of these methods or punishments seem drastic and perhaps barbaric in comparison to modern justice systems. It is key in these cases to consider the societal norms and moral values to truly judge their laws. Due to this correlation between laws and moral values, by examining methods and punishments within…

    • 1511 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Sometimes severe punishments are fit for the crime or the society. In some situations severe punishments is just how a government runs their country. A person may see it and automatically think that form of law is harsh; but is it really? Maybe governments or societies that practice these laws want to keep the crime rate in their country at a minimum, maybe they don't believe in second chances or just believe in equality, in a sense that if you do something to someone it deserves to be done to you. an eye for an eye; that's what the whole point of statement is about right?…

    • 701 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Since earlier times, deviance has been prominent in society. Overtime offenses have gradually been taken more seriously due to a better understanding on the reasoning of crime. Although criminologists theorize the origin of crime, it is still a blurry line on whether the perpetrator should physically be held accountable for his or her life. This ideology can date back to the Code of Hammurabi, where corporate punishment was a form of discipline. Corporate punishment consisted of inflicting any physical pain onto the perpetrator that was measured to the offense.…

    • 1202 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    ARTIFACT 1 Ineffective Punishment Crime prevention is equally, if not more important the punishing those who commit the crimes. In a world where our constant need for growth is met with smarter and more dangerous criminals, we need to take more drastic steps to protect the innocent citizens of this country. Even if the means to do so, may seem extreme. Going to prison is thought to deter criminals from committing any crimes.…

    • 1144 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Confucius once said, “When a country is well governed, poverty and a mean condition are something to be ashamed of. When a country is ill governed, riches and honors are something to be ashamed of.” Proverbs 28:2 also declaratively stated that “When a country is rebellious, it has many rulers, but a ruler with discernment and knowledge maintains order.” This two wise quotes proves that to have a peaceful country is to have better rulers and laws first. If rules are disobeyed, then consequently equal consequences should be given to the violator.…

    • 830 Words
    • 4 Pages
    Improved Essays